VIC The out of control generic use of trademarks in Horticulture

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


27 January 2016
Worldwide the generic use of Horticultural Trademarks is out of control
eg Trademarks merely associated with plants and therefore not the actual identity of the plant have taken out awards worldwide eg Shrub of the Year ,Plant of the show etc
This is all done with great impunity and seemingly confidence Very few complaints seem to come forward and its all accepted because there are no natural consequences (only if its challenged)
Small nurserypeople do not have the time or money to challenge large operators (and often multinationals)
so it goes on unchallenged
The consequences of all this are that even unprotected plants (no PBR or Plant Patent in the US) have their now genericised trademark names monopolised ad infinitum
Any feedback out there?